60-464. Authentication or identification of evidence; examples. (a) In general. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
(b) Examples. The following are examples only, not a complete list, of evidence that satisfies the requirement:
(1) Testimony of a witness with knowledge. Testimony that an item is what it is claimed to be.
(2) Nonexpert opinion about handwriting. A nonexpert's opinion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation.
(3) Comparison by an expert witness or the trier of fact. A comparison with an authenticated specimen by an expert witness or the trier of fact.
(4) Distinctive characteristics and the like. The appearance, contents, substance, internal patterns or other distinctive characteristics of the item, taken together with all the circumstances.
(5) Opinion about a voice. An opinion identifying a person's voice, whether heard firsthand or through mechanical or electronic transmission or recording, based on hearing the voice at any time under circumstances that connect it with the alleged speaker.
(6) Evidence about a telephone conversation. For a telephone conversation, evidence that a call was made to the number assigned at the time to:
(A) A particular person, if circumstances, including self-identification, show that the person answering was the one called; or
(B) a particular business, if the call was made to a business and the call related to business reasonably transacted over the telephone.
(7) Evidence about public records. Evidence that:
(A) A document was recorded or filed in a public office as authorized by law; or
(B) a purported public record or statement is from the office where items of this kind are kept.
(8) Evidence about ancient documents or data compilations. For a document or data compilation, evidence that it:
(A) Is in a condition that creates no suspicion about its authenticity;
(B) was in a place where, if authentic, it would likely be; and
(C) is at least 30 years old when offered.
(9) Evidence about a process or system. Evidence describing a process or system and showing that it produces an accurate result.
(10) Methods provided by a statute or rule. Any method of authentication or identification allowed by law or a rule prescribed by the supreme court.
History: L. 1963, ch. 303, 60-464; L. 2021, ch. 65, § 2; July 1.
Structure Kansas Statutes
60-403 Exclusionary rules not to apply to undisputed matter.
60-404 Effect of erroneous admission of evidence.
60-405 Effect of erroneous exclusion of evidence.
60-408 Preliminary inquiry by judge.
60-409 Facts which must or may be judicially noticed.
60-410 Determination as to propriety of judicial notice and tenor of matter noticed.
60-411 Instructing the trier of fact as to matter judicially noticed.
60-412 Judicial notice in proceedings subsequent to trial.
60-414 Effect of presumptions.
60-415 Inconsistent presumptions.
60-416 Burden of proof not relaxed as to some presumptions.
60-417 Disqualification of witness; interpreters.
60-419 Prerequisites of knowledge and experience.
60-420 Evidence generally affecting credibility.
60-421 Limitations on evidence of conviction of crime as affecting credibility.
60-422 Further limitations on admissibility of evidence affecting credibility.
60-424 Definition of incrimination.
60-426 Attorney-client privilege.
60-426a Attorney-client privilege and work product; limitations on waiver.
60-427 Physician-patient privilege.
60-428 Marital privilege, confidential communications.
60-429 Penitential communication privilege.
60-435 Communication to grand jury.
60-437 Waiver of privilege by contract or previous disclosure.
60-438 Admissibility of disclosure wrongfully compelled.
60-439 Reference to exercise of privilege; presumption and adverse inference not permitted.
60-440 Effect of error in overruling claim of privilege.
60-441 Evidence to test a verdict or indictment.
60-442 Testimony by the judge.
60-444 Testimony of jurors not limited except by this article.
60-445 Discretion of judge to exclude admissible evidence.
60-446 Character — manner of proof.
60-447 Character trait as proof of conduct.
60-448 Character trait for care or skill.
60-449 Habit or custom to prove specific behavior.
60-450 Opinion and specific instances of behavior to prove habit or custom.
60-451 Subsequent remedial conduct.
60-452 Offer to compromise and the like, not evidence of liability.
60-452a Dispute resolution; confidentiality.
60-453 Offer to discount claim, not evidence of invalidity.
60-455 Other crimes or civil wrongs.
60-456 Testimony in form of opinion or inferences.
60-457 Preliminary examination for non-expert witness; pre-trial hearing for expert witness.
60-458 Expert opinion or inference; facts or data relied upon, admissibility.
60-460 Hearsay evidence excluded; exceptions.
60-461 Discretion of judge under exception to exclude evidence.
60-462 Credibility of declarant.
60-464 Authentication or identification of evidence; examples.
60-465 Authentication of public documents; self-authenticating evidence.
60-466 Certificate of lack of record.
60-467 Original document required as evidence; exceptions.
60-468 Proof of attested writings.
60-469 Proving content of business and public records.
60-472 Photographs of property wrongfully taken.
60-480 Journalist privilege; definitions.
60-482 Same; compelled disclosure.
60-483 Same; hearing; disclosure.